Conciliation And Its Practice Under The United Nations Convention On The Law Of The Sea

As an important part of the dispute settlement system of the UNCLOS,voluntary and compulsory Conciliation have not received enough attention for a long time.The success of the Timor Sea Conciliation demonstrates that the Convention's conciliation procedures have the ability to resolve complex maritime disputes,and provides new ideas for States parties to resolve disputes.Taking this case as an opportunity,the attention of the international community on the UNCLOS conciliation procedures has increased significantly.In this context,a comprehensive and systematic study of the UNCLOS conciliation combined with practice is not only of great significance in promoting the practice and development of the procedure,but also can provide inspiration for States parties.In addition to the introduction and conclusion,this dissertation consists four chapters.Chapter one introduces the development history and basic theory of modern international conciliation,understanding the significance of the UNCLOS conciliation procedures in the context of the development of international conciliation.International conciliation came into being in the 1920s,and in the 1960s it developed into voluntary and compulsory conciliation.The ADR movement has further promoted the development and revival of the procedure.The inclusion of voluntary and compulsory conciliation in the UNCLOS is an important part of the development of international conciliation.At the Third United Nations Conference on the Law of the Sea,the UNCLOS provided for voluntary conciliation as a dispute settlement procedure with the general consent of the participants.The inclusion of compulsory conciliation is the result of compromises among the parties.Chapter two studies the role of conciliation in the UNCLOS dispute settlement system.Voluntary conciliation and compulsory conciliation not only guarantee the freedom of the parties to choose dispute settlement procedures,but also maximize the integrity and comprehensiveness of the Convention's dispute settlement mechanism.In the Convention's dispute settlement system,voluntary conciliation is given priority and compulsory conciliation is the final and residual means.The role played by third parties and the institutionalization of procedures are the main characteristics that distinguish conciliation from other diplomatic procedures.Voluntary and compulsory conciliation differs from arbitration and litigation under the UNCLOS in terms of jurisdiction,application of law,compliance and enforcement of results,and rule of procedures.Chapter three studies the voluntary conciliation of the UNCLOS and the practice of Jan Mayen case,and makes suggestions on China's use of the procedure to resolve disputes.Voluntary conciliation apply to any dispute concerning the interpretation or application of the Convention.The voluntary conciliation has the characteristics of institutionalization and flexibility.Section 1 of Annex V to the Convention provides a procedural framework for voluntary conciliation and makes it clear that the recommendations and reports of the conciliation commission shall not be binding upon the parties.The practice of the Jan Mayen case shows that the core role of the conciliation commission is to promote the amicable settlement of disputes.The voluntary conciliation has sufficient flexibility.The recommendations of the conciliation commission have impact to resolve the dispute.The voluntary conciliation has many advantages,such as the controllable procedures and results,the third-party's advice,and the.ability to help resolve disputes fundamentally or mitigate conflicts.China can try to use this procedure to settle disputes,but it needs to pay attention to carefully appointing conciliators.China should take full advantage of the features that procedures and results are controllable.And the goodwill and cooperation of the parties is the key to successful conciliation.Chapter four examines the compulsory conciliation and its application in the Timor Sea case,and makes recommendations for China.The Convention places a number of restrictions on the compulsory conciliation in terms of the scope of application,the competence of the commission,and the conditions for instituting the procedure.Section 2 of annex V provides a procedural framework similar to unilateral proceedings.The uniqueness of the compulsory conciliation is manifested in the procedural aspect.In the Timor Sea case,the Decision on Competence of the commission has both reasonableness and many questionable parts.As there is no precedent,while applying the procedures in Annex V,the case also deliberately highlights the differences from arbitration and litigation procedures.The flexibility of the procedure was folly exploited in the case.The recommendations of the conciliation commission have had a significant impact on dispute settlement.China has the right to institute compulsory conciliation to resolve marine scientific research and fishery disputes to which it applies.If China has to reply to the proceedings instituted by other states,it can either take the opportunity to try to resolve disputes,or safeguard its rights and interests through jurisdiction and procedural issues,and get time and space for negotiations.